SREENIVASA SHENOY Vs. FOOD INSPECTOR

JUDGEMENT

(1.) This revision petition is filed to quash the proceedings in C.C. No. 271 of 1997 before the Additional Chief Judicial Magistrate, Ernakulam.

(2.) The Food Inspector, Mobile Vigilance Squad, Kakkanad, Ernakulam District, who is the First respondent herein, purchased 750 grams of Toor Dal exhibited for sale from the shop of the revision petitioner accused. He had divided the said article into three parts, one part was sent to the Public Analyst, Regional Analytical Laboratory, Ernakulam. The Public Analyst certified that the sample contained 7.6% by weight of Kesari Dal and hence the sample was adulterated. On the basis of the report, a complaint was filed by the Food Inspector under S.2(ia)(a)(h), 7(1) read with 16(1A)(i) of the Prevention of Food Adulteration Act, hereinafter referred to as the P.F. A. Act. The complaint was taken into file by the Chief Judicial Magistrate, Ernakulam, as a summons case and numbered as S.T.No. 1177 of 1996. At the instance of the accused, the second part of the sample was sent to the Central Food Laboratory, Ghaziabad and obtained a report of analysis, which showed that the sample contained presence of synthetic coal-tar colour. As per the said certificate, Kesari Dal was absent. It was also certified that the sample was adulterated.

(3.) The prosecution examined three witnesses to support the prosecution case. After closing the evidence, the learned Magistrate framed a Court charge on the basis of the report of the Central Food Laboratory, for a new offence of added coal-tar dye and posted the case to 15.4.1997, for re-cross examination of the prosecution witnesses. Petitioner wants to set aside the said Court charge.